The Telephone Consumer Protection Act John L. Culhane, Jr., Esquire NCHELP Winter Legal Meeting January 19, 2012 New Orleans, Louisiana

2 The Telephone Consumer Protection Act General Overview Select Legislative Developments Select Regulatory Developments Significant Case Law Developments – Substantive Liability

3 Mobile Informational Call Act of 2011 Introduced by Rep. Terry on September 22, 2011 Hearings held on November 4, 2011 Letter from NAAG sent on December 7, 2011 Bill pronounced dead on December 17, 2011

4 Mobile Informational Call Act of 2011 (cont.) Narrows definition of autodialer (use not capacity) Permits non-solicitation call for commercial purpose Defines prior express consent Deems providing a phone number to evidence consent Prohibits contrary state regulation

5 FCC Proposed Amendments to TCPA Rules Released by the FCC on January 22, 2010 (FCC 10-18, CG Docket No ) Published in the Federal Register on March 22, 2010 (75 Fed. Reg ) Comment periods ended May 21, 2010 and June 21, 2010 Last indication of status in FCC semi-annual regulatory agenda – Undetermined

6 FCC Proposed Amendments (cont.) Proposes to harmonize FCC and FTC positions Would apparently adopt a written consent requirement Would apparently eliminate the established business relationship exception Would apparently conform opt-out and disclosure mechanisms

7 Significant Case Law Developments First American Financial Corporation v. Edwards (pending) Meadows v. Franklin Collection Service, Inc., 414 Fed. Appx. 230, 2011 WL (11th Cir. Feb. 11, 2011)